The Public Policy Project on Ballotpedia aims to illuminate major policy issues being discussed and implemented throughout the United States. Public policy can be complicated and controversial; deciding what works best and how to allocate resources to achieve a policy goal can involve multiple trade-offs. Much of the public policy that affects citizens economically, legally and socially, is made at the state level. Below you will find links and introductions to all the North Dakota public policy articles on Ballotpedia. To see the policy overview of another state click on the map below.
In North Dakota, as in other states, lawmakers and public officials are elected in part to manage the state's finances. This includes generating revenues (money coming into the state from various sources) and approving expenditures (the money spent on governmental functions and servicing state debt). State budgets are complex and fluid, as they depend on anticipated revenues and planned expenditures, which may alter over the course of a fiscal year. If revenues do not keep pace with expenditures, states generally have to raise taxes, cut services, borrow money, or a combination of the three. State budget decisions are also influenced by policy decisions at the national level, such as the Affordable Care Act or energy and environmental regulations, and issues at the local level, such as crime and the quality of education.
North Dakota generates the bulk of its tax revenue by levying a sales tax and other miscellaneous taxes. The state derives its constitutional authority to tax from Article X of the state constitution.[2][3]
Tax policy can vary from state to state. States levy taxes to help fund the variety of services provided by state governments. Tax collections comprise approximately 40 percent of the states' total revenues. The rest comes from non-tax sources, such as intergovernmental aid (e.g., federal funds), lottery revenues and fees. The primary types of taxes levied by state governments include personal income tax, general sales tax, excise (or special sales) taxes and corporate income tax.[4]
Affirmative action in North Dakota refers to the steps taken by employers and universities in North Dakota to increase the proportions of historically disadvantaged minority groups at those institutions. Historically, affirmative action nationwide has taken many different forms, such as strict quotas, extra outreach efforts, and racial and gender preferences. However, racial quotas in university admissions were banned in a 1978 United States Supreme Court case, Regents of the University of California v. Bakke.[5]
On June 29, 2023, the Supreme Court reversed lower court decisions in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, effectively ending the use of affirmative action in college admissions.
As of March 2015, 109 out of 577 public four-year universities across the country reported that they considered race in admissions. This practice has been banned in eight states. Meanwhile, 28 states require affirmative action plans in either public employment or apprenticeships. Affirmative action programs that grant racial preferences have come under scrutiny in the courts for potentially violating the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act.[6][7]
The effects of affirmative action policies are contested. Proponents argue that affirmative action diversifies selective institutions and provides more opportunities to minorities. Opponents argue that implementing policies that favor some groups requires discrimination against others and that these policiesmay harm individuals they are meant to help.
North Dakota campaign finance requirements govern the following:
In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
Nonprofit regulation in North Dakota involves a complex set of rules that govern nonprofit organizations and charitable giving throughout the state. Major issues surrounding nonprofit regulation nationwide include the following:
North Dakota is one of 39 states that require charitable organizations, and those intending to solicit on their behalf, to register with the state in order to solicit contributions, whether they are a North Dakota organization or based out-of-state. In North Dakota a smaller number of groups and organizations are exempt from registration.[8]
North Dakota is one of 32 states that allows registrants to use either the Unified Registration Statement (URS) or the state registration form.[9] Only seven states requiring registration do not accept the URS.
Charter schools • Higher education • Public education • School choice |
The North Dakota public school system (prekindergarten through grade 12) operates within districts governed by locally elected school boards and superintendents. In 2022, North Dakota had 116,639 students enrolled in a total of 484 schools in 179 school districts. There were 9,385 teachers in the public schools, or roughly one teacher for every 12 students, compared to the national average of 1:16. In 2020, North Dakota spent on average $14,242 per pupil.[12] The state's graduation rate was 88 percent in the 2018-2019 school year.[13]
North Dakota's higher education system is composed of 20 colleges and universities. Of these, 14 are public institutions, five are nonprofit private schools, and one is a for-profit private institution.[14]
School choice is a term that refers to programs offering alternatives to assigned local public school options. Public school choice options include open enrollment policies, magnet schools, and charter schools. Other options include school vouchers, scholarship tax credits, and education savings accounts (ESAs).[15][16]
Proponents argue that school choice programs improve educational outcomes by expanding opportunity and access for historically disadvantaged students. In addition, advocates claim that school choice programs empower parents and improve traditional public schools through competition. Critics contend that these programs divert funds from traditional public schools, thereby generating unequal outcomes for students. In addition, some critics argue that school voucher programs wrongly direct tax dollars to religious organizations, which operate many private schools.
Charter schools are public schools operated independently of public school systems, either by nonprofit or for-profit organizations. Although they are largely publicly funded, charter schools are exempt from many of the requirements imposed by state and local boards of education regarding hiring and curriculum. As public schools, charter schools cannot charge tuition or impose special entrance requirements; students are usually admitted through a lottery process if demand exceeds the number of spaces available in a school. Charter schools generally receive a percentage of the per-pupil funds from the state and local school districts for operational costs based on enrollment. In most states, charter schools do not receive funds for facilities or start-up costs; therefore, they must rely to some extent on private donations. The federal government also provides revenues through special grants. As of March 2017, 44 states and the District of Columbia had approved legislation authorizing the creation of public charter schools. Six states had not.
As of June 2016, North Dakota had not enacted charter school legislation.[17][18]
In order to get on the ballot in North Dakota, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for office in a state.
This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in North Dakota. For information about filing requirements for presidential candidates, click here. Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. North Dakota's one United States Representative and 141 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[19][20][21][22]
North Dakota was apportioned 1 seat in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census.
Energy policy involves governmental actions affecting the production, distribution, and consumption of energy in a state. Energy policies are enacted and enforced at the local, state, and federal levels and may change over time. These policies include legislation, regulation, taxes, incentives for energy production or use, standards for energy efficiency, and more. Stakeholders include citizens, politicians, environmental groups, industry groups, and think tanks. A variety of factors can affect the feasibility of federal and state-level energy policies, such as available natural resources, geography, and consumer needs.
Environmental policy aims to conserve natural resources by balancing environmental protection with economic growth, property rights, public health, and energy production. Federal, state, and local government entities develop and implement environmental policies through laws and regulations. This page features information about environmental policy in North Dakota.
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The table below features annual budget information for the North Dakota Department of Environmental Quality from 2011 to 2023:
Environmental and natural resources budget in North Dakota, 2011-2023 | ||||||
---|---|---|---|---|---|---|
Fiscal year | Total spending | |||||
2021-2023 | $59,631,005* | |||||
2019-2021 | $57,674,496* | |||||
2017-2019 | $40,796,557* | |||||
2015-2017 | $54,041,208* | |||||
2013-2015 | $50,524,632* | |||||
2011-2013 | $52,993,754* | |||||
*Note: This denotes a biennium budget figure. Source: North Dakota Office of Management and Budget |
The Clean Air Act is a federal law aimed at maintaining air quality and reducing air pollution. The law requires states and private industries to meet national air pollution standards. Each state must implement an EPA-approved plan to reduce air pollutants from industrial facilities such as chemical plants and utilities. Over 47,000 facilities nationwide were regulated under the Clean Air Act as of February 2023.[24][25][26][27]
The table below features information about the number of regulated facilities under the Clean Air Act in North Dakota from 2014 to 2023:
Regulated facilities under the Clean Air Act in North Dakota, 2014-2023 | ||||
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Year | Number of EPA-regulated facilities | Number of state-regulated facilities | Number of local-regulated facilities | Total regulated facilities |
2023 | 81 | 117 | N/A | 198 |
2022 | 85 | 118 | N/A | 203 |
2021 | 111 | 112 | N/A | 223 |
2020 | 119 | 138 | N/A | 257 |
2019 | 91 | 179 | N/A | 270 |
2018 | 117 | 182 | N/A | 299 |
2017 | 103 | 136 | N/A | 239 |
2016 | 119 | 141 | N/A | 260 |
2015 | 94 | 143 | N/A | 237 |
2014 | 111 | 239 | N/A | 350 |
Source: U.S. Environmental Protection Agency, "EPA/State Air Dashboard" |
Citing its authority under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) in 2011 issued a rule (commonly known as the MATS rule) limiting the amount of mercury and other toxic air pollutants emitted by power plants. Mercury and air toxics standards (MATS) target mercury and other hazardous pollutants from over 580 coal and oil-fired power plants nationwide. The MATS rule was issued by the Obama administration as part of its larger policy limiting emissions from coal-fired power plants.[28]
The EPA later reconsidered the MATS rule and, in 2020, determined "that it is not 'appropriate and necessary' to regulate electric utility steam generating units under section 112 of the Clean Air Act (CAA)."[29]
A 2021 proposed rulemaking from the EPA seeks to revoke the 2020 action and reinstate the MATS rule.[30]
During the period that the MATS rule was in effect, North Dakota had eight power plants subject to the mercury standards.[31]
Federal ozone standards establish the acceptable amount of ground level ozone, commonly known as smog, which is formed when nitrogen oxide combines with other organic chemicals in the atmosphere. Automobiles, power plants, factories and manufacturing centers emit the nitrogen oxide necessary for ozone formation. In high concentrations, ozone is harmful to human health.[32][33]
EPA in 2015 lowered the acceptable amount of ground-level ozone (smog) in the air. The standards will go into effect in 2025. States would have between the years 2020 and 2037 to create and establish a plan to meet the standards, depending how much ozone forms in certain areas of a state.[34][35]
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The EPA in 2015 finalized a regulatory action known as the Clean Power Plan aimed at mitigating what the agency views as potentially human-caused climate change. The plan aims to reduce carbon dioxide (CO2) emissions from coal- and oil-fired power plants (fossil fuel-fired) and natural gas-fired power plants by 32 percent from 2005 levels by 2030. Each state would have to meet goals based on the number of fossil fuel- and natural gas-fired plants in the state.[36][37][38]
After several states challenged the plan in court, arguing in part that the plan exceeded the EPA's statutory authority, the U.S. Court of Appeals for the District of Columbia Circuit delayed the rule's implementation in June 2016. The Trump administration later moved to replace the Clean Power Plan with the Affordable Clean Energy rule. The D.C. Circuit vacated the Trump-era rule in January 2021, "giving the incoming Biden administration a clean slate for" drafting a new rule, according to Bloomberg.[39][40]
The following table provides information about annual carbon dioxide emissions in North Dakota from 2010 to 2020:[41]
Carbon dioxide emissions in North Dakota, 2010-2020 (in million metric tons of energy-related carbon dioxide) | |
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Year | Total carbon dioxide emissions |
2020 | 54.3 |
2019 | 57.2 |
2018 | 59.3 |
2017 | 56.9 |
2016 | 54.9 |
2015 | 57.9 |
2014 | 59.3 |
2013 | 57.2 |
2012 | 56.7 |
2011 | 54.3 |
2010 | 52.8 |
Source: U.S. Energy Information Administration |
Federal land policy involves the conservation and management of natural resources on land owned by the federal government. Most federal land policies focus on conservation, recreation, oil and natural gas extraction, wildlife and forest management, and grazing.
The federal government as of 2018 owned around 640 million total acres of land (about 28 percent) of the 2.27 billion acres of land in the United States. Four federal agencies (the Bureau of Land Management (BLM), the Fish and Wildlife Service (FWS), the National Park Service (NPS), the Forest Service (FS) oversee public lands for conservation, recreation, wildlife protection, grazing, energy production, and other purposes. The Department of Defense also oversees federal lands used for military, training, and related purposes. The majority of federal land is located in Alaska and 11 coterminous Western states[42]
The table below features information about changes in federal land ownership in North Dakota from 1990 to 2018:[42]
Change in federal land ownership in North Dakota, 1990-2018 | ||
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Year | Total federal land (in acres) | Percentage of state land owned by the federal government |
2018 | 1,733,641 | 3.9% |
2010 | 1,735,755 | 3.9% |
2000 | 1,729,430 | 3.9% |
1990 | 1,727,541 | 3.9% |
Source: Congressional Research Service |
The following table features information about federal land management in North Dakota by federal agency in 2018:[42]
Federal agency land management in North Dakota, 2018 | ||
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Agency | Total federal land in state managed by agency (in acres) | Percentage of total federal land in state |
Bureau of Land Management (BLM) | 58,032 | 3.3% |
Forest Service (FS) | 1,103,160 | 63.6% |
Fish and Wildlife Service (FWS) | 488,648 | 28.2% |
National Park Service (NPS) | 71,192 | 4.1% |
Department of Defense (DoD) | 12,609 | 0.7% |
Source: Congressional Research Service |
The U.S. National Park Service (NPS) as of February 2023 oversaw what the agency describes as 424 units (often referred to as parks) and more than 150 related areas within the National Park System. The agency assists in managing national historic areas, wild and scenic rivers, historic landmarks, and national trails. The National Park System contained more than 85 million acres as of February 2023, including national parks, historical parks and sites, national monuments, battlefields and military parks, recreation areas, seashores, and parkways. More than 297 million visitors attended sites in the National Park System in 2021. NPS employed around 20,000 permanent, temporary, and seasonal employees as of February 2023.[43][44][45]
NPS operated three national parks in North Dakota as of February 2023.[46]
The following table features visitation statistics for national parks in North Dakota from 2017 to 2021.[47]
National Park Service visitation in North Dakota, 2017-2021 | |
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Year | Total recreation visits |
2021 | 818,787 |
2020 | 561,791 |
2019 | 714,979 |
2018 | 774,622 |
2017 | 732,976 |
Source: U.S. National Park Service |
The U.S. Department of the Interior pays local governments each year to offset what they lose in property taxes due to non-taxable federal land within their borders, commonly known as payments in lieu of taxes (PILT). PILT payments go toward fire and police departments, public schools, road construction, and other local services. PILT amounts are based on population and the amount of federal land in a county. From 1977 (when PILT payments began) to 2022, the Interior Department paid out around $10.8 billion to states, territories, and Washington, D.C. PILT payments can be used for any governmental purpose.[48][49]
The following table features information about payments in lieu of taxes received by local governments in North Dakota from 2017 to 2021.[50]
Total payments in lieu of taxes, North Dakota, 2017-2021 | |
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Year | Total payments in lieu of taxes |
2022 | $1,900,095 |
2021 | $1,761,888 |
2020 | $1,741,432 |
2019 | $1,849,619 |
2018 | $1,788,185 |
Source: U.S. National Park Service |
The federal government leases its land to private individuals and companies for energy development, including drilling for crude oil and natural gas, solar energy, and geothermal energy. Oil and natural gas drilling on federal lands in the United States is primarily overseen by the U.S. Bureau of Land Management. Private oil and natural gas companies apply for leases from the BLM to produce energy on federal land. About 26 million acres of federal land—12.8 million of which produced oil and gas in economic quantities—were leased to about 24,000 oil and gas developers operating 96,000 wells at the end of fiscal year 2018.[51]
The following table features information about oil and natural gas activity on federal land in North Dakota from 2017 to 2021:[52][53]
Oil and natural gas activity on federal land in North Dakota, 2017-2021 | ||||
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Year | Oil production (in thousands of barrels) | Natural gas production (in million cubic feet) | Total leases in state | Total leased acres in state |
2021 | 47,322,938 | 118,130,866 | 1,689 | 746,669 |
2020 | 39,634,463 | 86,433,967 | 1,709 | 780,886 |
2019 | 45,454,263 | 89,261,206 | 1,740 | 828,150 |
2018 | 37,905,093 | 72,604,914 | 1,741 | 829,048 |
2017 | 30,760,414 | 59,743,690 | 1,769 | 844,703 |
Source: U.S. National Park Service |
The Clean Water Act is a federal law regulating pollutants discharged into all waters of the United States, including lakes, rivers, streams, and wetlands. The federal government approves water quality and technology standards for major sources of water pollution, such as chemical plants, steel manufacturers, municipal facilities, and others. Each state must establish water quality standards for all bodies of water within its boundaries.[54]
Under the Clean Water Act, it is unlawful to discharge any pollutant from any source into navigable waters without a federal permit. The permit specifies what limitations or conditions apply to a facility before the facility may discharge any pollutants. Federal permits may contain facility-specific requirements and limitations depending on the water source.[55]
The following table provides information about the number of North Dakota facilities subject to regulation under the Clean Water Act from 2014 to 2023:[56]
Clean Water Act permits, North Dakota, 2014-2023 | |
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Year | Number of facilities |
2023 | 3,240 |
2022 | 3,458 |
2021 | 3,143 |
2020 | 4,971 |
2019 | 4,398 |
2018 | 3,882 |
2017 | 3,390 |
2016 | 2,983 |
2015 | 2,468 |
2014 | 566 |
Source: U.S. Environmental Protection Agency, "National Water Activity Dashboard" |
Superfund is a federal program that addresses contaminated waste sites and their return to practical use. Superfund sites include oil refineries, smelting facilities, mines and other industrial areas. The federal government can compel the private entities responsible for a waste site to clean the site or face penalties. If the federal government cleans a waste site, it can compel the responsible company to reimburse the government for cleanup costs. Because Superfund sites are added and removed from a prioritized list on a regular basis, the total number of Superfund sites since the program's inception in 1980 is unknown.[57][58][59]
The federal Resource Conservation and Recovery Act covers hazardous wastes, including their generation, treatment, storage and disposal. States may regulate hazardous wastes rather than the federal government. The EPA is responsible for all hazardous waste requirements if no state program exists. Hazardous waste regulations cover waste generators, transporters, treatment centers, storage and disposal facilities.[60]
North Dakota had zero Superfund sites and 921 regulated hazardous waste facilities as of February 2023.[61][62]
The Endangered Species Act is a federal law that mandates the listing and conservation of endangered and threatened species. The legislation aims to prevent the extinction of vulnerable species throughout the United States and to recover a species' population to the point where listing the species as endangered or threatened is no longer necessary. The U.S. Fish and Wildlife Service is responsible for the law's implementation.[33][63]
North Dakota had seven federally listed endangered or threatened plant or animal species as of February 2023. To view the full list, click here.[64]
The following list features historical information about ballot measures relating to environmental issues in North Dakota.
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The following list features information about environmental bills that have been introduced in or passed by the North Dakota Legislative Assembly in the last five years. To learn more about these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
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Endangered species policy in North Dakota involves the identification and protection of endangered and threatened animal and plant species. Policies are implemented and enforced by both the state and federal governments.
The United States financial system is a network that facilitates exchanges between lenders and borrowers. The system, which includes banks and investment firms, is the base for all economic activity in the nation. According to the Federal Reserve, financial regulation has two main intended purposes: to ensure the safety and soundness of the financial system and to provide and enforce rules that aim to protect consumers. The regulatory framework varies across industries, with different regulations applying to different financial services.[1]
Individual federal and state entities have different and sometimes overlapping responsibilities within the regulatory system. For example, individual states and three federal agencies—the Federal Reserve, the Office of Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC)—regulate commercial banks. Other sectors of the financial market are regulated by specific entities.[2][3]
Some, such as the Brookings Institution, argue that expanded governmental regulation of banks and financial products (e.g., mortgages) can prevent large-scale financial crises, protect consumers from abusive practices, and stabilize financial markets. Others, such as the Cato Institute, argue that over-regulation of banks of banks and financial products burdens business, stalls economic growth, and does little, if anything, to stabilize financial markets. Beyond this basic debate about the role of the government in regulating the private financial sector, there are varying opinions about the proper extent of governmental regulation.[4][5]
Healthcare policy in North Dakota involves the creation and implementation of laws, rules, and regulations for managing the state's healthcare system. The healthcare system consists of services provided by medical professionals to diagnose, treat, and prevent mental and physical illness and injury. The system also encompasses a wide range of related sectors, such as insurance, pharmaceuticals and health information technology.
According to the National Conference of State Legislatures, the 50 state legislatures collectively "make thousands of health policy decisions each year," not including the decisions made by local governments, which often oversee hospitals, and private bodies, such as insurers. These decisions can include budget appropriations, requirements for doctors obtaining their licenses, which services are covered by insurance, how personal health information is managed, and which immunizations children must receive, among many others.[6]
Healthcare policy affects not only the cost citizens must pay for care, but also their access to care and the quality of care received, which can influence their overall health. A top concern for policymakers is the rising cost of healthcare, which has placed an increasing strain on the disposable income of consumers as well as on state budgets.
Other issues in healthcare policy include
North Dakota's Medicaid program provides medical insurance to groups of low-income people and individuals with disabilities. Medicaid is a nationwide program jointly funded by the federal government and the states. Medicaid eligibility, benefits, and administration are managed by the states within federal guidelines. A program related to Medicaid is the Children's Health Insurance Program (CHIP), which covers low-income children above the poverty line and is sometimes operated in conjunction with a state's Medicaid program. Medicaid is a separate program from Medicare, which provides health coverage for the elderly.
The impact of the Affordable Care Act of 2010 (ACA), also known as Obamacare, has been debated among politicians, policymakers, and other stakeholders. The ACA was signed into law in 2010 by President Barack Obama (D). The law facilitated the purchase of health insurance through a system of health insurance exchanges, tax credits, and subsidies. Initially, states were required to expand eligibility for Medicaid under the law; a 2012 ruling by the United States Supreme Court made the Medicaid expansion voluntary for states. The law also required insurers to cover healthcare services within a standard set of benefits and prohibited coverage denials based on preexisting conditions. Under the law, all individuals were required to obtain health insurance.
Immigration policy determines who may become a new citizen of the United States or enter the country as a temporary worker, student, refugee, or permanent resident. The federal government is responsible for setting and enforcing most immigration policy.
Meanwhile, states assume a largely supportive role, enacting their own supplementary laws and setting policies that may, for example, determine which public services immigrants can access, establish employee screening requirements, or guide the interaction between related state agencies and their federal counterparts.
Some jurisdictions, including some states, cities, and counties, have adopted policies of not cooperating with federal immigration enforcement; these jurisdictions have become known as sanctuary jurisdictions.
North Dakota public pensions are the state mechanism by which state and many local government employees in North Dakota receive retirement benefits.
There were 18 public pension systems in North Dakota as of 2020. Of these, four were state-level programs while the remaining 14 were administered at the local level. Membership in North Dakota's various pension systems totaled 78,506, as of fiscal year 2020. Of these, 37,635 were active members.[7]
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